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ºÚÁϳԹÏÍø is committed to ensuring that students with disabilities are provided with full and equal access to its programs, services, and activities. This commitment includes making alterations and adjustments to courses or programs unless doing so would (a) modify academic requirements that are essential to the instruction being pursued, (b) lower academic standards, or (c) substantially alter the course or program (i.e., fundamentally alter the nature of the course or program). Academic accommodations that present a fundamental alteration or undue burden are rare, and these defenses may only be used to deny an accommodation after careful consideration by relevant College officials.

The determination that an accommodation is unreasonable is an institutional decision that must be made through a documented deliberative process. Courts and the Office for Civil Rights will generally grant deference to professional and academic judgment in denying an accommodation on these bases when the denial is rationally justifiable and where there is a factual record of a thoughtful review of the requested accommodation by a group of qualified individuals. In the event the College determines that making modifications would result in a fundamental alteration of a service, program, or activity, it will continue to engage in the interactive process to ensure that, to the maximum extent possible, individuals with disabilities receive the benefits or services.

Unless there is an appreciable threat to the safety of the student or others, the approved accommodation must be active and implemented during the reconsideration process until an alternative decision, if any, is made to modify or alter it.

Reasonable and Unreasonable Accommodations

A reasonable accommodation includes actions to eliminate or reduce physical or instructional barriers to learning, such as implementing academic adjustments and/or auxiliary aids, or modifying practices, procedures, or policies.

Accommodations are individualized to a student’s needs. Reasonable accommodations must afford persons with disabilities an equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement that is provided to others.

Accommodations are reasonable unless they:

• Modify or waive academic requirements that are essential to the instruction being pursued
• Lower academic standards
• Substantially alter the course or program (i.e., fundamentally alter the nature of the course or program). 
• Impose undue financial or administrative burden
• Pose an appreciable safety threat to the student or others

For concerns related to an undue financial or administrative burden rather than a fundamental alteration, the process for review may differ. Faculty should address their concerns directly to DAR.

Informal review process

Faculty have the right to request reconsideration of an approved accommodation in their program or course if they have concerns about any of the above. DAR staff and faculty are often able to resolve the instructor’s concerns through consultation and a collaborative review process. 

Approved accommodations may not be unilaterally denied or modified by faculty, staff, or institutional leadership. Rather, if an instructor believes an accommodation to be unreasonable per the definition above, they should contact DAR immediately. Together, the instructor and a DAR staff member will consider the information outlined below in the Determining Essential Requirements section, to determine whether an accommodation is reasonable. Alternative accommodation options may also be considered, taking into account both the student’s needs and the essential course requirements.

Formal review process

At any time, either the instructor or the DAR staff member may refer the accommodation reconsideration request to a formal review process. The formal review is intended to be thoughtful and collaborative, to ensure that faculty’s concerns are carefully considered while ensuring that students with disabilities have equal access to Reed’s programs. 

The formal review process may also be used to evaluate requests for accommodations broader in scope than individual course accommodations, such as requests to modify program or degree requirements.

For accommodations related to a course, faculty can initiate a formal review process by completing a . This form can be completed independently by the instructor or jointly with DAR staff. 

• Review process: Once a formal review is initiated, DAR will convene a committee of knowledgeable and trained individuals deemed appropriate in determining the reasonableness of the request, essential requirements of the course or program, and possible accommodation alternatives. The committee will engage in a careful, thoughtful, and rational review of the course or program and its requirements (see Determining Essential Requirements, below). If it is determined that a requested accommodation would result in a fundamental alteration, the committee must then consider whether there are alternative adjustments or modifications that could accommodate a student without fundamentally altering the course or program.
• Committee membership: Standing committee members include the Director of Disability & Accessibility Resources or designee, the Section 504 Coordinator, and at least three faculty members, preferably from each of the three distribution groups. The Dean of the Faculty, the Associate Dean of the Faculty, and additional relevant faculty, staff or consultants may be brought in as needed. When the process is initiated, a minimum of two faculty must participate throughout the process.
• Training: All Committee members will attend annual training on reasonable accommodations and the fundamental alterations assessment process.
• Timeline: The committee will convene as soon as possible and no later than five business days after receiving the request. In the time that elapses between when the committee is notified that they must convene and the convening actually takes place, committee members should review any documentation provided by DAR regarding the request. Deliberations will begin at the time of the convening. The committee may determine that they need to gather more information before reaching a determination. They will arrive at a determination as soon as is practical and without undue delay. 
• Decision: Once the review is completed and the committee has arrived at a determination, a decision will be issued in writing and will include the decision rationale, as well as recommendations for any alternative accommodations. The decision of the committee is final.

APPENDIX A - Determining Essential Requirements

Factors to be considered in determining whether a standard is essential include the nature and overall purpose of the course or program; the relationship of the standard to the functional elements of the course or program; whether exceptions or alternatives have been permitted; and whether the standard is required in similar courses or programs at other institutions.

Essential requirements are the core learning outcomes (including the mastery of specific skills, knowledge, principles, and concepts) that all students must demonstrate in a course, with or without using accommodations, within the context of the larger interconnected curriculum related to a program or degree. 

To ensure a fair deliberation when determining if a requested accommodation would result in a fundamental alteration, the following questions should be considered in defining requirements and expectations:

• What is the purpose of the course, and what are the fundamental course objectives and core outcomes and expectations required of all students? Include information about the specific knowledge, principles, skills or concepts that must be mastered and demonstrated.
• Are there any essential methods of instruction, engagement, participation, materials, assessment methods that are uniquely fundamental to the nature of the course? Are there any non-negotiable aspects of this course?
• Which course objective(s) does this accommodation alter and/or which academic standard(s) does it lower?
• Is there written documentation of the fundamental course or program objective (e.g. syllabus, course description/catalog, technical standard, etc.)?
• What essential, practical function does this fundamental objective serve in the academic program?
• How does the accommodation alter this fundamental objective or lower the academic standard?
• Have similar modifications been offered to other students (with or without disabilities) in any other situation in the course/program previously? If so, in what circumstances? How is the current situation different?
• If multiple sections of this course are offered: Are similar modifications made available to students (with or without disabilities) in other sections of this course? Do all sections of the course have the same objectives/requirements and use the same instructional methods?
• Is there any alternate way the student could reach or demonstrate competence without undermining the essential course objectives? For example, is there an alternate accommodation Reed could offer that would not alter the essential objective of the course/program?

APPENDIX B - Legal References

“A public accommodation must reasonably modify its policies, practices, or procedures to avoid discrimination. If the public accommodation can demonstrate, however, that a modification would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations it provides, it is not required to make the modification” ().

Through various Department of Justice Office of Civil Rights case resolutions, the federal government has clarified that colleges and universities must:

• engage in an individualized, interactive process with each student request for accommodations and avoid blanket statements or policies regarding accommodations (),
• the student must not be put in the place of requesting their accommodation more than once and must not be left to negotiate their accommodation with faculty ()
• the decision of whether an accommodation may fundamentally alter an essential course/program objective must be made by a group of knowledgeable and trained individuals at the college within the program and the disability services office (),
• the group pursues a thoughtful, careful, rational review of the course/program essential objectives and requirements (), and does not rely on traditionally accepted academic norms to deny the accommodation (),
• considers a series of alternatives and modifications that do not fundamentally alter the course/program even if it is not the accommodation originally requested (),
• submit a factual record indicating that it conscientiously carried out this statutory obligation .